News & Analysis as of

Class Action Arbitration Waivers The National Labor Relations Act Department of Justice (DOJ)

Manatt, Phelps & Phillips, LLP

Employment Law - October 2017 #2

California Appellate Court Sides With Plaintiff in PAGA Suit - Why it matters - A plaintiff seeking civil penalties under the Private Attorneys General Act (PAGA) for a violation of the Labor Code is not required to...more

Foley & Lardner LLP

Trump Department of Justice Reverses Course on Class Action Waivers

Foley & Lardner LLP on

On June 16, 2017, the United States Department of Justice (DOJ) changed its position with respect to the enforceability of class action waivers in the labor and employment context. The move came via the DOJ’s filing of an...more

Akerman LLP - HR Defense

DOJ About-Face: Supporting Class Action Waivers, Parting Ways with the NLRB

The Department of Justice (DOJ) has just switched sides in a trio of high profile arbitration cases now pending before the Supreme Court, joining with the employers to argue that the National Labor Relations Board’s (NLRB’s)...more

King & Spalding

Department of Justice Reverses Course on Class Action Waivers

King & Spalding on

In the ongoing debate over whether class action waivers in employee arbitration agreements violate the National Labor Relations Act (“NLRA”), the Department of Justice (“DOJ”) has done an about-face–switching stances from...more

Orrick - Employment Law and Litigation

DOJ Flips the Switch on Class Waivers in Arbitration Agreements, Signaling Possible Changes to Come

On Friday, June 16, 2017, the United States Department of Justice (DOJ) filed an amicus brief reflecting a change of heart when it comes to the enforceability of class waivers in arbitration agreements. In an unprecedented...more

Goodwin

Department of Justice Reverses Stance and Urges Supreme Court to Enforce Class Action Waivers in Employment-Related Arbitration...

Goodwin on

The Department of Justice has reversed its stance and now urges the Supreme Court to enforce class action waivers in employment-related arbitration agreements. This increases the likelihood that the Supreme Court will side...more

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